Can an employer make you clock out for an hour or two, during your shift if there is no work to be done and then back in.

Asked almost 5 years ago - North Hollywood, CA

We work at an aesthetics clinic and our employer makes us clock out if a patient doesn't show or if there aren't enough patients scheduled during a session (each session is two hours).

Attorney answers (2)

  1. Michael Robert Kirschbaum

    Contributor Level 20

    Answered . Probably not. There may be issues regarding reporting time pay or split shift violations but there is not enough information to determine that. Also, if you are required to remain on the premises, even though off the clock, you may be deemed to be under the control of the employer, which would be compensable time, even if you have performed no work.

  2. John Bradley Stuckey

    Contributor Level 8

    Answered . All of the current California Industrial Wage Order define "hours worked" with the same expansive language. Specifically, the IWC Wage Orders define "hours worked" as " the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so."

    As such, if you were required to remain at your place of employment and not free to leave do as you please during these periods where you were required to clock out, you have an good argument that you are to be compensated for this time.

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